540-day Automatic Extension Period for Employment Authorization Documents (EADs) Made a Permanent Rule

The U.S. Citizenship and Immigration Services (USCIS) recently announced that the temporary rule increasing the automatic extension period for certain Employment Authorization Documents (EADs) from 180 days to 540 days has now been made permanent. This rule was initially implemented during the COVID-19 pandemic to address delays caused by USCIS office closures and processing backlogs. The Department of Homeland Security (DHS) has now decided to make this extension period permanent for eligible noncitizens who timely file for renewal, recognizing the ongoing need to minimize disruptions for both employers and employees during the EAD renewal process.

Eligibility for an Automatic Extension Period for Employment Authorization Documents

It is important to note that this change applies only to certain EAD categories and only when the application for extension has been submitted timely – that is, before the current EAD expires.. Not all EADs qualify for this extended automatic extension period. Qualifying EAD categories include those for noncitizens with pending adjustment of status applications, spouses of principle  E, or L nonimmigrants with valid I-94s and spouses of certain principal H-1B nonimmigrants, For a complete list of qualifying EAD categories, please refer to the official USCIS page here.

If you have any questions or need assistance regarding EAD renewals, please don’t hesitate to reach out to your Maggio Kattar attorney